[Delhi Riots] Extra judicial reports are deceptive, show accused as victims: Centre tells Delhi High Court

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Synopsis

Centre's response has been filed in the plea stating that these reports have been arrived at by individuals who have acted as, extra- constitutional private tribunals and have sought to give credence to their reports by attaching their former constitutional and executive posts

The Central Government in its response to a plea against fact finding reports on Delhi Riots published by the Delhi Minority Commission, and other private bodies and associations, submitted that these reports have been published to substantiate their "vested interest narrative" and generate public opinion.

The affidavit has been filed in plea wherein, it is alleged that the form and content of the reports are designed in such a fashion so as to deceive the judicial forums and the public at large and to pass-off the same (in a deceptive manner) in a manner, so as to prejudice the general public and world at large against the investigations and subsequent proceedings in accordance with law.

In view of the above, the Central Government has submitted that 'Private and extrajudicial commissions' are entering into process of collecting and recording evidences to give it a façade of statutory inquiry or investigation.

"After conducting such exercise they come out with a completely biased report which in most of the cases is found to be report acting as a cover-up to the offence and portraying real accused as victims of the crimes," Centre added.

Furthermore it is said that such reports are anathema to the administration of justice, and are therefore, liable to be quashed and set aside.

Centre sought direction from the Court to declare such reports published by private/extra-judicial tribunal to be null and void. "Such private/extra-judicial tribunal ought to be restrained in future from giving any fact-finding reports touching the subject matter of FIR/proceedings pending before a court", centre added.

The plea has alleged that he said extra- constitutional private tribunals have further claimed to have based their report (a so called judgment) on the basis of evidence which is firstly taken without any authority of law and secondly has been taken selectively from people who have vested interest in the subject matter.

The plea has been filed against Constitutional Conduct Group, Citizen & Lawyer Initiative, Amnesty International and Human Rights Watch

Case Title: Dharmesh Sharma Vs. Union of India & Ors.